Aniplex, Incorporated v. Upper Deck Company

Filing 156

ORDER GRANTING Stipulation to Extend Deadlines. The deadline for Aniplex to serve and file its reply papers in further support of its Motion for Partial Summary Judgment shall be extended to and including 9/13/10. The deadline for Upper Deck to serv e and file its reply papers in further support of its Motion For Summary Judgment Or, In The Alternative, For Summary Adjudication OfIssues shall be extended to and including 9/13/10. Signed by Judge Howard D. McKibben on 8/30/10. (Copies have been distributed pursuant to the NEF - ECS)

Aniplex, Incorporated v. Upper Deck Company

Doc. 156

Case 2:08-cv-00442-HDM-PAL Document 136

Filed 08/26/10 Page 1 of 4

MICHAEL A. FIRESTEIN, CA STATE BAR No. 110622 (admitted pro hac vice) [e-mail] JOSHUA J. POLLACK, CA STATE BAR No. 215922 (admitted pro hac vice) [e-mail] PROSKAUER ROSE LLP 2049 Century Park East, 32nd Floor Los Angeles, California 90067-3206 Telephone: [phone] Facsimile: [phone] JAMES E. MURPHY, NV STATE BAR No. 8586 [e-mail] LAXALT & NOMURA, LTD. 6720 Via Austi Parkway, Suite 430 Las Vegas, Nevada 89169 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counter-Defendant ANIPLEX, INCORPORATED UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ANIPLEX, INCORPORATED, a Japanese corporation, Plaintiff and Counter-Defendant, v. THE UPPER DECK COMPANY, a Nevada corporation, Defendant and Counter-Claimant. CASE NO. 2:08-cv-00442-HDM-PAL STIPULATION AND [PROPOSED] ORDER EXTENDING BY THREE DAYS THE PARTIES' DEADLINE TO FILE REPLY PAPERS FOR THEIR PENDING DISPOSITIVE MOTIONS

Dockets.Justia.com

Case 2:08-cv-00442-HDM-PAL Document 136

Filed 08/26/10 Page 2 of 4

WHEREAS, on August 6, 2010, Plaintiff and Counter-Defendant Aniplex, Incorporated ("Aniplex") filed a Motion for Partial Summary Judgment, and Defendant and Counter-Claimant The Upper Deck Company ("Upper Deck") filed a Motion For Summary Judgment Or, In The Alternative, For Summary Adjudication Of Issues (collectively, the "Dispositive Motions"). Pursuant to the Court's prior orders (Docket Nos. 94, 103, and 109), the filing of the Dispositive Motions suspended the August 27, 2010 deadline for filing the joint pretrial order until 30 days after a decision on the Dispositive Motions. WHEREAS, pursuant to Federal Rule of Civil Procedure 56(c)(1)(B) and LR 7-2(e) of the Local Rules of Practice of the United States District Court for the District of Nevada ("Local Rules"), the deadline for Aniplex and Upper Deck (collectively, the "Parties") to file their respective responses to the Dispositive Motions is August 27, 2010, i.e., 21 days after service of the Dispositive Motions. The Parties do not seek to extend this deadline. WHEREAS, pursuant to Federal Rule of Civil Procedure 56(c)(1)(C) and LR 7-2(e) of the Local Rules, the current deadline for the Parties to file their respective replies in further support of the Dispositive Motions is September 10, 2010, i.e., 14 days after the responses will be served on August 27, 2010. WHEREAS, the Jewish high holiday of Rosh Hashanah will be on September 9 and 10, 2010. Several of the Parties' attorneys are Jewish and observe Rosh Hashanah. The Parties have therefore agreed to extend by three days (i.e., to and including September 13, 2010) the deadline for the Parties to serve and file their respective replies in further support of the Dispositive Motions.

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Case 2:08-cv-00442-HDM-PAL Document 136

Filed 08/26/10 Page 3 of 4

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties, through their respective attorneys of record, as follows: 1. The deadline for Aniplex to serve and file its reply papers in further support of its

Motion for Partial Summary Judgment shall be extended to and including September 13, 2010. 2. The deadline for Upper Deck to serve and file its reply papers in further support

of its Motion For Summary Judgment Or, In The Alternative, For Summary Adjudication Of Issues shall be extended to and including September 13, 2010. RESPECTFULLY SUBMITTED: August 26, 2010 Proskauer Rose LLP By: /s/ Joshua J. Pollack Joshua J. Pollack, admitted pro hac vice Attorneys for Aniplex, Incorporated Laxalt & Nomura, Ltd. By: /s/ James Murphy James Murphy, NV Bar No. 8586 Attorneys for Aniplex, Incorporated Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP By: /s/ Kristina Fredericks Kristina Fredericks, admitted pro hac vice Attorneys for The Upper Deck Company Wolfenzon Schulman & Ryan By: /s/ Bruno Wolfenzon Bruno Wolfenzon, NV Bar No. 6177 Attorneys for The Upper Deck Company

ORDER IT IS SO ORDERED. ____ UNITED STATES MAGISTRATE JUDGE United States District Court Judge
August 30, 2010 DATED:_________________________

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